WOODSTOCK – In his videotaped interrogation with police, Tim Smith insisted that he shot Kurt Milliman while defending his wife – although he admitted that Milliman was in his home paying for sex.
Smith, 28, is charged with first-degree murder for the May 28, 2011 death of Milliman, 48, of Prairie Grove, a former courthouse security officer and Island Lake bar owner.
Prosecutors played about an hour and a half of Smith's interrogation this morning and are expected to play the remaining hour after lunch.
Smith initially told police that he didn't know why Milliman was in his home on Doty Road near Woodstock, and that his wife, Kim, called him in a panic.
But he eventually admitted that he was in the home the entire time. Smith said he was embarrassed that they had turned to prostitution to make money, with his wife – who was several months pregnant – sometimes keeping the money and other times putting it in a jar to save for whatever they needed.
Smith said that he worked hard, but made $12 an hour.
"This is something we both agreed to do to help each other out," he said. "It's embarrassing ... I'm a better man than that."
Smith said that Milliman was threatening his wife, and he heard her tell Milliman to get his hands off of her.
"I gave him fair notice and he still didn't leave or move," Smith said. "The guy's huge."
The forensic pathologist who performed Milliman's autopsy testified earlier today that Milliman was 6 foot 6 and weighed 378 pounds. He was shot once in the back, with the bullet entering near the right shoulder blade and traveling across the body, lodging near the left collar bone.
"I'm not a killer. I'm not a murderer," Smith said. "I'm a guy who protects his family at all costs."
Kim Smith has not yet been called to the stand, but she is expected to testify against her husband. Her attorney said she is being forced to do so because prosecutors granted her immunity for whatever she says on the stand, so she cannot invoke her Fifth Amendment right against self-incrimination.
No deal has been worked out and charges against her, including prostitution, are still pending. She was never charged with murder.